Newspaper Page Text
I
i
ntKiSlUUX i 'rf AiKSSAG-L:.
Fellmc-citizens of ike Senate and House of Repre-
sentotires :
When we compare the condition of the country
at the present day with what it was one year ago,
at the meeting of Congress, we have much reason
for gratitude to that Almighty Providence, which
has never failed to interpose for our relief, at the
most critical periods of our history. One year agof
the sectional strife between the North and the
South on the dangerous subject of slavery, had
again become so intense as to threaten the peace
and perpetuity of the confederacy. The applica
tion for the admission of Kansas as a State into the
Union, fostered this unhappy agitation, and
brought the whole subject once more before Con
gress. It was the desire of every patriot that such
measures of legislation might be adopted as would
remove the excitement fW>in the States, and confine
it to the Territory where it legitimately belonged.
Much has been done, I am happy to say, towards
the accomplishment of this object, during the last
session of Congress.
The Supreme Court of the United States had
previously decided, that all American citizens have
an equal right to take into the Territories, what
ever is held as property under the laws of any of
the States, and to hold such property there under
the guardianship of the federal constitution, so
long as the territorial condition shall remain.
This is now a well-established position, and the
proceedings of the last session were alone wanting
to give it practical effect. The principle has been
recognized, in sonic form or other, by an almost
unanimous vote of both Houses of Congress, that
a Territory has a right to come into the Union
either as a free or a slave State, according to the
will of a majority of its people. The just equality
of all the States has thus been vindicated, and a
fruitful source of dangerous dissension among them
has bee* removed.
Whilst such has been the beneficial tendency of
your legislative proceedings outside of Kansas,
their influence has nowhere been so happy as
within that Territory itself. Left to manage and
control its own affairs in its own way, without the
pressure of external influence, the revolutionary
Topeka organization and all resistance to the ter
ritorial government establislied by Congress, have
heen finally abandoned. As a natural consequence,
that fine Territory now appears to be tranquil and
, prosperous, and is attracting increasing thousands
of immigrants to make it their happy home.
The past unfortunate experience of Kansas has
enforced the lesson so often already taught, that re
sistance to .lawful authority, under our form of gov
ernment, cannot fail in the end to prove disastrous
to its authors. Had the people of the Territory
yielded obedienee tc the laws enacted by their
legislature, it would at the present moment have
contained a large additional population of indus
trious and enterprizing citizens, who have been de
terred from entering its borders by the existence
of civil strife and organized rebellion.
It was the resistance to rightful authority and
the persevering attempts to establish a revolution
ary government under the Topeka constitution,
which caused the people of Kansas to commit the
grave error of refusing to vote for delegates to the
convention to frame a constitution, under a law
not denied to be fair and just in its provisions.
This refusal to vote has been the prolific source of
all the evils which have followed. In their hos
tility to the territorial government, they disregard
ed the principal absolutely essential to the work
ing of our form of government, that a majority of
those who vote—not the majority who may remain
at home, from -whatever cause—must decide the
result of an election. For this reason, seeking to
take advantage of their own error, they denied the
authority of the convention thus elected to frame
a constitution.
The convention, -notwithstanding, proceeded to
adopt a constitution-unexceptionable in -its general
features, and providing for the submission of the
slavery question to a vote of the people, which in
my opinion, -they were bound to do, under the
Kansas and Nebraska act. This was the all-impor
tant question which had alone convulsed the Terri
tory; and yet the opponents of the lawful govern
ment, persisting in their first error, refrained from
exercising their right to vote and preferred that
slavery should continue, rather than surrender
ihtir .revolutionary Topeka organization.
A Wiser and better spirit seemed to prevail be
fore the first Monday of January last, when an
election was held under the constitution. A ma
jority of the people then voted for a governor and
ether State officers, for a member of Congress, and
members of the State Legislature. This election
was warmly contested by the two political parties
in Kansas, and a greater vote was polled than at
any previous election. A large majority of the
members of the Legislature elect belonged to that
party which had previously refused to vote. The
anti-slavery party were thus placed in the ascend
ant, and the political power of the State was in
their own hands. Had Congress admitted Kansas
into the Union under the Lecompton constitution,
tiie Legislature might, at its very first session,
have submitted the question-to a vote of the peo
ple, whether they would or would not have a con
vention to amend their constitution, either on the
slavery or any other question, and have adopted
all necessary means for giving speedy effect to the
will of the majority. Thus the Kansas question
would bave been immediately and finally settled.
Under these circumstances I submitted to Con
gress the constitution thus framed, with all the offi
cers already elected necessary to put the State gov
ernment into operation, accompanied by a strong
recommendation in favor of tho admission of Kan
sas as a State. In the course of my long public
life I have never performed any official act, which,
in the retrospect, has afforded me more heartfelt
satisfaction. Its admission could have inflicted
no possible injury on any human being, whilst it
would, within a brief period, have restored peace
to Kansas and harmony, to the Union. In that
event the slavery question would ere this have been
finally settled, according to (he legally expressed
will of a majority of the voters, and popular sov
ereignty would thus have been vindicated in a
constitutional manner.
jut ifo- pituciplcs .-I popular sovereignly and non
I intervention, have left “the mode and manner of
; its approv&i or ratification by the people of the
j proposed Slate" to be “prescribed by law, and
I they shall then be admitted into the Union as e
State under such constitution thus fairly and le
gally made, with or without slavery, as said con
stitution may prescribe.
An election was held throughout Kansas, in pur
suance of the provisions of this act, on the second
day of August last, and it resulted in the rejection,
by a large majority, of the proposition submitted
to the people by Congress. This being the case,
they are now authorized to form another constitu
tion, preparatory to admission into the Union, but
not until their number, as ascertained by a census,
shall equal or exceed the ratio required to elect a
nieniber of the House of Representatives.
It is not probable, in the present state of the
case, that a third constitution can be lawfully
framed and presented to Congress by Kansas, be
fore its population shall have reached the designa
ted number. Nor is it to be presumed that, after
their sad experience in resisting the territorial
laws, they will attempt to adopt a constitution in
express violation of the provisions of an act of
Congress. During the session of 1850, much of
the time of Congress was occupied on the question
of admitting Kansas under the Topeka constitu
tion. Again, nearly the whole of the last session
was devoted to the question of its admission un
der the LecrAaptou constitution. Surely it is not
unreasonable to require the people of Kansas to
wait, before waking the third attempt, until the
number of their inhabitants shall amount to nine
ty-three thousand four hundred and twenty. Du
ring this brief period the harmony of the States, as
well as tlug great business interests of the country,
demand that the people of the Union shall not for
a third time he.convul.sed by another agitation on
the Kansas question. By waiting fora short time,
and acting in obedience to law, Kansas will glide
into the Union without the slightest impediment.
This excellent provision, which Congress have
applied to Kansas, ought to be extended and ren
dered applicable to all Territories which may here
after seek admission into the Union.
With my deep convictions of duty, I could have
pursued no other course. It is true, that, as an in
dividual, I had expressed an opinion, both before
and during the session of the convention, in favor
of submitting the remaining clauses of the consti
tution, as .well .as that oenceming slavery, to the
people. But, acting in an official character, neith
er myself nor any human authority had the power
forejudge the proceedings of the convention, and
declare the constititution which it had framed to
be a nullity. To iiave done this would have been
a violation of the Kansas and Nebraska act, which
left the people of the Territory “ perfectly free to
form and regulate their domestic institutions in
their own way. subject only to the constitution of
the United States.” It would equally have viola
ted the great principle of popular sovereignty, at
the foundation of our institutions, to deprive the
people of .the power, if they thought proper to ex
ercise it, of eonfidingto delegates elected by them
selves the trust.of framing a constitution, without
requiring them to subject their constituents to the
trouble,expense and delay of a second election.—
It would have been in opposition to many prece
dents in our history,.commencing in the very best
age of the republic, of the admission of Territories
as States into the Uoign, without a previous vote
of the people approving their constitution.
It is to be lamented that a question so insignifi
cant when viewed ,iu its practical effects on the
people «f Kansas, whether decided one way or the
other, should have kindled such a flame of excite
ment throughout the country. This reflection
may prove to be a lessou of wisdom and of warn
ing for our future guidance. Practically consider
ed, .the .question is simply whether the people of
that Territory should first come into the Union and
then change any provision in their constitution
not agreeable to themselves, or accomplish the
very same object by remaining out of the Union
and framing another constitution in accordance
with their will. In either case, the result would
be precisely the same. The only difference in point
of tact is, that the object would have been much
sooner attained, and the pacification of Kansas
more speedily effected, had it been admitted as a
State during the last session of Congress.
My recommendation, however, for the immedi
ate admission of Kansas, failed to,meet the appro
bation of Congress. They deemed it wiser to
adopt a^iifferent measure for the settlement of the
questiofT For my own part. I -should have been
willing to yield my assent to almost any constitu
tional .measure.to accomplish this object. I, there
fore. cordially acquiesced in what has been called
the English Compromise, and approved the “ Act
for the admission of the State of Kansas into the
Union” upon the terms therein prescribed.
•Under the ordinance which accompanied the Le-
compton constitution, the people of Kansas had
claimed double the quantity of public lands for
the support of common schools, which had ever
been previously granted to any State upon enter
ing the Union; and also the alternate sections of
land for twelve miles on.each side of two railroads,
proposed to be constructed from the northern to
the southern boundary, and from the eastern to
the western boundary of the -State. Congress,
deeming these claims unreasonable, provided, by
the act of May 4,1858, to which J have just refer
red, for the admission of the State on an equal
footing with the original States, but “ upon the
fundamental condition precedent” that a majority
of the people thereof, At ah election to be held for
that purpose, should, in place of the very large
grants of public lands which they had demanded
under the ordinance, accept such grants as had
been made to Minnesota and other new States.—
Under this act, should a minority reject the propo
sition offered them," it shall be deemed and held
that the people of Kansas do not desire admission
“ lt0 fhe Union with said constitution under the
conditions set forth in said proposition." In that
event, the act authorizes the people of the Territo
ry to elect delegates to form a constitution and
, fJf” Ver ." n ? ent f° r themselves, “whenever, and
lamllv »■W« t 1 ?. asce I taine d by a census, duly and
2J or^exceeda u! P .°P u,ati ? n of ““ Territory
equals or exceeds the ratio . . ..
j r , . . 10 oi representation re-
nuired foramemberof the. Hou^ P ^R=” n ^
fives of the Congress of the United 8tatM.” Tiro
delegates thus assembled “shall first
a vote whether it is the wish of th c ‘of ill
ftronnoiul flfaln Kn n/lmUtoJ i _ . i * _ ^ *116
proposed State to be admitted into the' U u f on
that time, and, if so, shall proceed to form a con 1
stitotion, and take all necessary steps for the e«'-
tabushment of a State Government in conformity
with the federal constitution." After this ccnstf.
ration shall have been formed, Congress, carrving
Whilst Congress possess the undoubted power of
admitting a new State into Abe Union, however
small may be the number of its inhabitants, yet
this power ought not, in my opinion, to he exer
cised before the population shall amount to the ra
tio required by the act for the admission of Kansas-
Had this been previously the rule, the country
would have escaped all the evils and misfortunes
to which it has been exposed by the Kansas ques
tion.
Of course it.would be unjust to give this rule a
prospective application, and exclude a State which,
acting upon the past practice of the government,
has already formed its constitution, elected its leg
islature and other officers, and is now prepared to
enter the Union.
The rule ought to be adopted, whether we oon-
sider its bearing on the people of the Teritoriesor
upon the people of the existing States. Many of
the serious dissensions which have prevailed in
Congress and throughout the country, would hffve
beer, avoided, had this rule been established at an
earlier period of the government.
Immediately upon the formation of a new Terri
tory, people from different States and from foreign
countries rush into it, for the luadabie purpose of
improving their condition. Their first duty to
themselves is to open and cultivate farms, to con
struct roads, to establish schools, to erect places of
religions worship, and to devote their energies gen
erally to reclaim the wilderness and to lay the
foundations of a flourishing and prosperous com
monwealth. If. in this incipient condition, with a
population of a few thousand, they should prema
turely enter the Union, they are oppressed by the
harden of State taxation, and the means necessary
for the improvement of the Territory and the ad
vancement of their own interests, are thus diverted
to very different purposes.
The federal government has ever been a liberal
parent to the Territories, and a generous contri
butor to the useful interprises of the early settlers.
It has paid the expenses of their governments and
legislative assemblies out of the common treasury,
aud thus relieved them from a heavy charge. Un
der these circumstances, nothing can he bttter cal
culated tc, retard their material progress, than to
divert them from their useful employments, by
prematurely exciting angry political contests
among themselves, for the benefit of aspiring lead
ers. It is surely no hardship for embryc govern
ors, senators, and members of Congress, to wait
until the number of inhabitants shall equal those
of a single Congressional district. They sure
ly ought not to be permitted to rush into the Un
ion, with a population less than one-half of several
of the large counties in the interior of some of the
States. This was the condition of Kansas when it
made application to be admitted under the Topeka
constitution. Besides, it requires some time to ren
der the mass of a population collected in a new Ter
ritory, at all hoinegeneous, and to unite them on
anything like a fixed policy. Establish the rule,
and ali will look forward to it and govern them
selves accordingly,
But justice to the people of the several States re
quires that the rule should be established by
Congress. Each State is entitled to two sen
ators and at least one representative in Con
gress. Should the people of the States fail to elect
a Vice President, the power devolves upon the
Senate to select this officer from the two high
est on the list. In case of the death of the Presi
dent, the Vice President thus elected by the Senate,
becomes President of the United States. On all
questions of legislation, the Senators from the
smallest States of the Union have an equal vote
with those from the largest. The same may be
said in regard to the ratification of treaties, and
of Executive appointments. All this has worked
admirably in practice, whilst it conforms in princi
ple with the character of a government instituted by
sovereign States. I presume that no American
citizen would, desire the slightest change in the ar
rangement. Still, it is not unjust and unequal
to the existing States to invest some forty or fifty
thousand people collected in a Territory with the
attributes of sovereignty, and place them on an
equal footing with Virginia and New York in the
Senate of the United-States ?
For these reasons, I earnestly recommend the
passage of a general act, which shall provide that
upon the application of a Territorial legislature,
declaring their belief that the Territory contain a
number of inhabitants which., if in a State, would
entitle them to elect a member to Congress, it shall
be the duly of the President to cause a censns of
the inhabitants to be taken, and if found sufficient,
then by the terms of this act to authorize them to
proceed “in their own way” to frame a State con
stitution preparatory to admission into the Union.
I also recoinmnd that an appropriation may be
made to enable the President to take a census of
the people of Kansas.
The present condition of the Territory of Utah,
when contrasted with what it was one year ago, is
subject for congratulation. It was then in a state
of open rebellion, and. cost what it might, thc char
acter of the government required,that this rebellion
should be suppressed and the Mormons compelled
to yield obedience to the constitution and the laws.
In order to accomplish this object, as I informed
you in iny last annual message, I appointed a
new Governor instead of Brigham Young, and oth
er federal officers to take the place of those who,
consulting their personal safety, had found it neces
sary to withdraw from the Territory. To protect
these civil officers, and to aid them, as a posse com-
itatus, in execution of the laws in case of need, I
ordered a detachment of the army to accompany
them to Utah. The necessity for adapting these
measures are now demonstiated.
On the 15th of September, 1857, Gov. Young is
sued his proclamation, .ill the style of an indepen
dent sovereign, announcing his purpose to resist
by force of arms the.entry of the United States
troops into our own Territory of Utah. By this he
required all the forces in the Territory, to “hold
themselves in readiness to inarch at a moment’s
notice to repel any and all such .invasion," and es
tablished martial law from its date throughout the
Territory. These proved to be no idle threats.
Forts Bridger and Supply were vacated and burnt
down by the Mormons, to deprive our troops of a
shelter after their long and .fatiguing march. Or
ders weie issued by Daniel H. Wells, styling him
self “Lieutenant General, Nanvoo Legion,” to
stampede the animals of the .United Stains troops
on their inarch, to set fire to their trains, to burn
the grass and the whole country before them and
on their flanks, to keep them from sleeping by
night surprises, and to blockade tlie road by felling
trees, and destroying the fords of rivers, &c., &•;.
These orders were promptly aud effectually
obeyed. On the 4th October, 1857, the Mormons
captured and burned on Green River, three of our
supply trains, consisting of seventy-five wagons
loaded with provisions and tents for the army, and
carried away several hundred animals. This di
minished the supply of provisions so materially
that General Johnson was obliged .to xeduce the ra
tion, and even with this precaution, there was only
sufficient left to subsist the troops until the first of
June.
Our little army behaved admirably ; in their en
campment at Fort Bridger, und,.r these trying pri
vations. In the midst of the mountains, in a dreary,
unsettled, and inhospitable region, more than a
thousand miles from home, they passed the severe
and inclement winter without a mnrmer. They
looked forward with confidence for relief from their
country in due season and in this they were not
disappointed.
The Secretary of War employed all his energies
to forward them the necessary supplies, and to mus
ter and send such a military force to Utah as would
render resistance on the part of the Mormons hope
less, and thus terminate the war without the effu
sion of blood. In his efforts he was efficiently sus
tained by Congress. They granted appropriations
sufficient to cover the deficiency thus necessarily
created, and also provided for raising two regiments
of volunteers, “for the purpose of quelling distur
bances in the Territory of Utah, for the protection
of supply and emigrant trains, and the suppression
of Indian hostilities on the frontiers." Happily,
there was no occasion to call these regiments into
serv ice. If there had been, I should have felt seri
ous embarrassment in selecting them, so great was
the number of our brave and patriotic citizens anx
ious to serve their country in this distant and appa
rently dangerous expedition. Thus It has ever
been*and thus may it qver be i
The wisdom and economy of sending sufficient
reinforcement to Utah are established not only by
the event, but in the opiniofi of those who, from
their position and opportunities, are the most capa
ble oi loraiiug
0,0 o« loiouug .1 correct jiiUgulcut. Gcueuil Job..
ston, the commander of the forces, in addressingthe
Secretary of War trom Fort Bridger, under date of
Oct. 18,1857, expresses the opinion that “unless a
large force is sent here, from the nature of the coun
try, a protracted war on tbeir [the Mormons] part
is inevitable.” This he considered necessary, to
terminate the war “speedily and more economical
ly than if attempted by insufficient means.”
In the mean time, it was my anxious desire that
the Mormons should yield obedicuce to the consti
tution and the laws, and without rendering it ne
cessary to resort to military force. 'To aid in accom
plishing this object, I deemed it advisable in April
last, to despatcli two distinguished citizens of the
United States, Messrs. Powell and McCulloch, to
Utah. They bore with them a proclamation ad
dressed by myself to the inhabitants of Utah, dated
on the sixth day of that month, warning them of
their true condition, and how hopeless it was on
their part to persist in rebellion against the United
States, and offering all those who should submit to
the laws a full pardon for their past seditions and
treasons. At the same time, I assured those who
should persist in rebellion against the United
States, that they must expect no futher lenity, hut
look to be rigorously dealt with according to their
deserts. The instructions to these agents, as well
as a copy of the proclamation, and their reports
are herewith submitted- It will be seen by their
reports of the 3d of July last, that they have fully
confirmed the opinion expressed by General John
ston in the previous October, as to the necessity of
sending reinforcement to Utah. In this they state
that they.“are firmly impressed with the belief that
the presence of I he army here and the large addi
tional force that had been ordered to this Territory,
were the chief inducements tint caused the Mor
mons to abandon the idea of resisting the authority
of the United States. A less decisive policy would
probably have resulted in a long, bloody and ex
pensive war.”
These gentlemen conducted tliemselv es to my
entire satisfaction, and rendered useful services in
executing the humane inventions of the govern
ment.
It also affords me great satisfaction to state, that
Gov. Gumming has performed his duty in an able
and conciliatory manner, and witli the happiest ef
fect. I cannot, in this connexion, refrain from
mentioning the valuable services of Col. Thomas
L. Kane, who from motives of pure benevolence,
and without any official character or pecuniary
compensation, visited Utah during the last incle
ment winter for the purpose of contributing to the
pacification of the territory.
I am happy to inform you that the Governor and
other civil officers of Utah, are now performing
their appropriate functions without resistance.—
The authority of the constitution and the laws has
been fully restored, mid peace prevails throughout
the territory.
A portion of the troops sent to Utah are now en
camped in Cedar valley, 44 miles southwest of
Salt Lake City: and the remainder have been or
dered to Oregon to suppress Indian hostilities.
The march of the army to Salt Lake City, through
the Indian Territory, has had a powerful effect in
restraining the hostile feelings against the U. States
which existed among the Indians in that region,
and in securing emigrants to the Far West against
tlieir depredations. This will also be the means of
establishing military posts and promoting settle
ments along the route.
I recommend that the benefits ot our land laws
and pre-emption system be extended to the peo
ple of Utah bj’ the establishment of a land office
in that Territory.
I have occasion, also, to congratulate you on the
result of our negotiations with China.
You were informed by my last annual message,
that our minister had been instructed to occupy a
neutral position in the hostilities conducted by
Great Britain and France against Canton. He was,
however, at the same time, directed to co-operate
cordially with the British and French ministers, in
all peaceful measures to secure by treaty those just
concessions to foreign commerce, which the nations
of the world had a right to demand. It was impos
sible for me to proceed further than this, on my own
authority, without usurping the war-making power,
which, under the constitution, belongs exclusively
to Congress.
Besides, after a careful examination of the nature
and extent of our grievances, I did not believe they
were of such a pressing and aggravated character,
as would have justified Congress in declaring war
against the Chinese empire, without first making
another earnest attempt to adjust them by peaceful
negotiation. 1 was the more inclined to this opin
ion, because of the severe chastisement which had
then but recently been inflicted upon the Chinese
by our squadron, in the capture and destruction of
the Barrier for us, to avence an alleged insult to
our flag.
The event has proved the wisdom of our neutral
ity. Our minister has executed his instructions with
eminent skill and ability. In conjunction witli the
Russian plenipotentiary, he lias peacefully, but ef
fectually, co-operated with the English and French
plenipotentiaries ; and each of the four powers has
concluded u separate treaty with China, of a highly
satisfactory character. The treaty concluded by
our own plenipotentiary, will immediately be sub
mitted to the Senate.
I am happy to announce that, through the ener
getic yet conciliatory efforts of our consul general
in Japan, a new treaty has been concluded with
that empire, which may be expected materially to
augment our trade and intercourse in that quarter,
and remove from our couutrynien the disabilities
which have heretofore been imposed upon the exer
cise of tbeir religion. The treaty shall be submit
ted to the Senate for approval without delay.
It is my earnest desire that every misunderstand-
g with the government of Great Britain, should
be amicably and speedily adjusted. It has been the
misfortune of both countries, almost ever since the
period of the revolution, to have been annoyed by a
succession of irritating and dangerous questions,
threatening their friendly relations. This has par
tially prevented the full development of those feel
ings of mutual friendship between the people of
the two countries, so natural in themselves and so
conductive to tlieir common interest. Any serious
interruption of the coinmeice between the United
States and Great. Britain, would be equally injuri
ous to both. In fact, no two nations have ever ex
isted on the face of the earth, which could do each
other so much good or so much harm.
Entertaining these sentiments, I am gratified to
inform you, tiiat the long-pending controversy be
tween the two governments, in relation to the
question of visitation and search, lias been amica
bly adjusted. The claim on the part of Great Bri-
taiu, forcibly to visit American vessels on the high
seas in time of peace, could not be sustained under
the law of nations, and it had been overruled by
her own most eminent jurists. This question was
recently brought to an issue, bj’ the repeated acts
of British cruisers, in boarding and searching our
merchant vessels in the Gulf of Mexico and the ad
jacent Reas. These acts were the. more injurious
and annoying, as these waters are traversed by a
large portion of the commerce and navigation ot
the United States, and their free and unrestricted
use is essential to the security of the coastwise
trade between different States of the Union. Such
vexatious interruptions could not fail to excite the
feelings of the country, and to require the interpo
sition of tlie government. Remonstrances were
addressed lo the British government against these
violations of our rights of sovereignty, and a naval
force was at the same time ordered to the Cuban
waters, with directions “to protect all vessels of
the United States on the high seas, from seaeli or
detention by the vessels-of-war of any other na
tion.” These measures received tlie unqualified
and even enthusiastic approbation of the Ameri
can people. Most fortunately, however, no colli
sion took place, and the British government
promptly avowed its recognition of the principles
of international law upon this subject, as laid down
by the government of the United States, in tlie
note of tlie Secretary of State to the British minis
ter at Washington, of April 10, 1858, which secure
the vessels of the United States upon the high seas
from visitation or search in time of peace, under
any circumstances whatever. The claim lias been
abandoned in a manner reflecting honor on the
British government, and evincing a just regard for
the law of nations, and cannot fail to strengthen
the amicable relations between the two countries.
The British government, at the same time, pro
posed to the United States that some mode should
be adopted, by a mutual arrangement between the
two countries, of a character which may be found
effective without being offensive, for verifying the
nationality of vessels suspected of good grouuds of
carrying false colors. They have also invited the
United States to take tile initiative, and propose
measures for this purpose. Whilst declining to as
sume so grave a responsibility, the Secretary oi
State has informed the British government that we
are ready to receive any proposals which they limy
feel disposed to offer, having this object in view,
aud to consider them in an amicable spirit. A
strong opinion is, however, expressed, tiiat the oc
casional abuse of the flag of any nation, is an evil
far less to be deprecated than would be the estab
lishment ot any regulations which might he incom
patible with tlie freedom of the seas. This gov
eminent has yet received no communication, spe
cifying tlie manner in which the British govern
ment would propose to carry out their suggestion :
and I am inclined to believe that no plan which
cau be devised, will be free from grave embarrass
ments. Still, I shall form no decided opinion on
the subject, until I shall have carefully, and in the
best spirit, examined any proposals which they
may think proper to make.
I am truly sorry I cannot, also inform you that
the complications between Great Britain and tbc
United States, arising out of tlie Clayton and Bul-
wer treaty of April, 1850, have been finally ad
justed.
At the commencement of your last session, I had
reason to hope that, emancipating themselves from
further unavailing discussions, tlie two govern
ments would proceed to settle the Central Ameri
can questions iu a practical manner, alike honora
ble and satisfactory to both: and this hope I have
not yet abandoned. In my lust annual message, I
stated that overtures bad been made by the British
government for this purpose, in a friendly spirit,
which I cordially reciprocated. Their proposal
was, to withdraw these questions from direct nego
tiation between the two governments ; but to ac
complish the same object, by a negotiation be
tween the British government and each of the Cen
tral American republics, whose territorial interests
are immediately involved. The settlement was to
be made in accordance with the general tenor of
the interpretation placed upon the Clayton aud
•juiucr liealy by the Lulled States, with certain
modifications. As negotiations are still pending
upon this basis, it would not be proper for me now
to communicate their present condition. A final
settlement of these questions is greatly to be desir
ed, as this would wipe out the last remaining sub
ject of dispute between the two countries.
Our relations with the great empires of France
and Russia, as well as with all other governments
on the continent of Europe, except that of Spain,
continue to be of the most friendly character.
With Spain our relations remain in an unsatis
factory condition. In my message of December
last, I informed you that our envoy extraordinary
and minister plenipotentiary to Madrid had asked
for his recall; and it was my purpose to send out a
new minister to tiiat court, with special instruc
tions on all questions pending between the two
governments, and with a determination to have
them speedily and amicably adjusted, if that were
possible. This purpose has been hitherto defeat
ed by causes which I need not enumerate.
The mission to Spain has been entrusted to a dis
tiuguislied citizen of Kentucky, who will proceed
to Madrid without delay, and make another aud a
final attempt to obtain justice from that govern
ment.
Spanish officials, under direct control of the captain*
general of Cuba, have insulted our national flag, and, in re
pe:ite>l instances, have from time to lime inflicted injuries
on thc persons and property of our citizens. These have giv
en birth to name rims-claims against the Spanish government
the merits of which have been ably discussed for a series of
years, by *.ur successive Diplomatic representatives. Not
withstanding this, we have not arrived at a practical result
in any single instance, unless we may except the case of the
Black Warrior under the late adminstration; am', tiiat pie
sentetl an outrage of such a character as would have justifi
ed an iiuinedia£e Keeori to wax. All our attempts to ob
tain redress have been baffled and defeated. The frequent
and oft-recurring changes in the Spanish ministry have been
employed as reasons tor delay. We have been compelled to
wait, again and again, until the new minister shall have had
time to investigate the justice of our demands:
Even what h ive been denominated “the Cuban claims.” in
which more than a hundred of our citizens are directly inter
ested, have furnished no exception. These claims were for
th** refunding of duties unjustly exacted from American ves
sels at different custom-houses in Cuba, so long ago as the
year 1344. The principles upon which they rest are so man
ifestly equitable and just, that afler a period of nearly ten
years, in is.5t, they were recognised by the Spanish govern
ment. Proceedings were a Der wards instituted to ascertain
their amount, and this was finally fixed according to their
own statement (with which we were satisfied) at the sum of
one hundred and twenty eight thousand six hundred and
th«rty five dollars and fifty-four cents. Just at the moment,
after a delay of fourteen years, when we had reason to ex
peel that this sum would be repaid with interest we have re
reived a proposal offering to refund one-third of the amount,
(forty two thousand eight hundred and twenty eight dollar*
anil forty-one cents,) but without interest, if we would ac
cept this in lull satisfaction. The offer is, also, accompan
ied by a declaration that this indemnification is not founded
on any rea.-on of strict justice, hut is made as a soeciai fa
vor One alleged cause lor procrastination in the exatuina
tion and adjustment of our claims, arises from an obstacle
which it is the duty of the Spanish government to remove.
Whilst the captain general of Cuba fc invested with general
despotic authority in the government of that Island, the
power is withheld Iroin him to examine and redress wrongs
committed by officials under his control, on citizens of tne
United Slates Instead oi making our complaints directly t«»
him at Havana, we are obliged to present them through our
minister at Madrid. These are then referred back to the cap
tain-general for information; and much time is thus consumed
in preliminary investigations nnd correspondence between
Madrid and Culn, before trie Spanish government will con
sent to proceed to negotiation. Many of tlie difficulties be
tween tlie two governments would be obviated, aud.a long
train of negotiation avoided, if the captain general were in
vested with authority lo settle questions of easy solution on
the spot, where all the facts are fresh. and,couId be prompt
ly nnd satisfactorily ascertained. We have hitherto in vain
urged upon the Spanish government'to confer this power
upon the captain general, ami our minister to Spain will *-
gain be instructed to urge this subject on their notice. In
this respect we occupy a different position fr nithepowers
of Europe Cuba is almost within sight of our shores; our
commerce with it is far greater than oi any oiher na
tion, Including Spain irself. and our citizens are in habits of
dailv and extended personal intcicourse with every partof
the island. It is,therefore.a great grievance that, when any
difficult y occurs, no matter how unimportant, which might
be readily settled at the moment, we should be obliged to re
sort to Madrid, especially when the very first step to beta
ken there Is to refer it beck to Cuba.
The truth is, that Cuba; in its existing colonial condition,
is a constant source of injury and annoyance to the American
people. It is the only spot in the civilized world where the
African slave-trade is tolerated, and we are bound by treaty
with Great Britain, to maintain .1 naval force on tlie const ot
Africa, at much expense both of life and treasure, solely fur
the purpose arresting slavers bound to that island The late
serious difficulties between the United States nnd Great Bi i
tain respecting the right of search, now so happily teuninat
ed, could never have arisen if Cuba had not afforded a in»r.
ket for slaves. As long as this market shall remain open,
there can be no hope for the civilization of benighted Africa
Whilst the demand for slaves continues in Cuba, wars w it)
be waged among the petty and barbaious chiefs iu Africa fo r
the purpose of seizing subjects to supply this trade, lo such
a conditi n of affairs, it is impossible that the lightof civili
zation and religion can ever penetrate these dark abodes.
It has been made known to the world by my predecessors,
that tlie United States have, on several occa.-ions. endeavor
ed to acquire Cuba from Spain by honorable negotiation. If
this were accomplished, the last relic of the African slave-
trade would instantly disappear. We would n«*t,if we could,
acquire Cuba in any other manner. This is due to our na
tional character. All the territory which we have acquired
since the origin of the government, lias been by fair pur
chases from France, .Spain and Mexico, or by the free and
voluntary act of the independent State of Texas, in blending
her (Ystinies with our own. This course we shall eAer pur
pose,unless circumstances should occur, which we do not
now anticipate, rendering a departure from it clearly justifia
ble. under the imperative and overruling law of selfpreser-
last, ity 1 by promulgation of tt decree, leVjiug ncuutri-
butiou pro rata upon all the capital iu the republic, be
tween certain specified amounts, whether held by Mex
icans or foreigners. Mr. Forsyth, regarding this decree
ia tlie light of a “forced loan,” lurmally protested against
A similar necessity exists for the passage oi such
an act, for the protection of the Panama and Tehu
antepec routes.
In reference to the Panama route, the United
States, by tbmrexisting treaty with New Grenada,
pay the contribution, but to suffer it to be forcibly expressly guarantee the neutrality ot the Isthmus,
,ete,l Acfinir „„nn this advice.au American citizen ** with the view that the free transit fiom the one
exacted. Acting upon this advice.au American citizen
refused to pay the contribution, aud his property was
seized by armed men to satisfy the amount. Not con
tent with this, the government proceeded still further,
aud issned a decree, banishing him from the country.
Oui-miuister immediately notified them, that if this de
cree should be carried into execution, he would teel it to
be his duty to adopt “the most decided measures that
belong to the powers and obligations of the representa
tive offi “ 1 1 u
joe.” Notwithstanding this warning, the banish
ment was enforced, and Mr. Forsyth promptly an
nounced to the government the suspension of the po
litical relatione of hislegation with them, until the pleas
ure of hie own government should be ascertained.
This government did not regard the contribution im
posed by the decree of tlie 15th May last to.be in strict
ness a “forced loan,” and as such prohibited by the
10th article of the treaty of 1826, between Great Brit
ain aud Mexico, to the benefits of which American cit
izens are entitled by treaty; yet tlie imposition of the
contribution upon foreigners, was considered an uqjust
|||il oppressive measure. Besides, internal factions in
The Island of Cuba, from its geographical posi
tion. commands the mouth of the Mississippi, and
the immense and annually increasing trade, foreign
and coastwise, from the valley of that noble river,
now embraeing half of the sovereign States of the
Union. With that Island underthe dominion of a
distant foreign power, this trade, of vital impor
tance to these States, is exposed to the danger of
being destroyed in the time of war, and it has hith
erto heen subjected to perpetual injury and annoy
ance in time of peace. Our relations with Spain,
which ought to be of the most friendly character,
must always be placed in jeopardy, whilst the ex
isting colonial government over the Island shall re
main in its present condition.
Whilst the possession of the Island would be of
vast importance to the United States, its value to
Spain is, comparatively, unimportant Such was
the relative situation of the parties, when the
great Napoleon transferred Louisiana to tile United
States. Jeal.ms as he ever was of the national
honor and interests of France, no person through
out the world, has imputed blame to him, for ac
cepting a pecuniary equivalent for this cession.
The publicity which has been given to our form
er negotiations upon this subject, and the largo ap
propriation which may be required to effect the pur
pose, render it expedient, before making another
uttempt to reneiv the negotiation, that l should lay
the whole subject before Congress This is espe
cially necessary, as it may become indispensable to
success, that I should be intrusted with the means
of making an advance to the Spanish government
immediately after the signingof the treaty, with
out awaiting the ratification of it by the Senate. I
am encouraged to make this suggestion, by the ex
ample of Mr. Jefferson previous to the purchase of
Louisiana from France, and by that of Mr Polk
in view of the acquisition of territory from Mexico.
I reter tlie whole subject to Congress, and com
mend it to their careful consideration.
I repeat the recommendation made in my mes
sage of December last, in favor of an appropria-
t;,m ‘in h.- miid to the Snanish government for the
tion ‘to be paid to tlie Spanish government for the
purpose of distribution among the claimants in
the Ainistad lease.’ President Polk first made a
similar recommendation in December, 1847, and
it was repeated by my immediate predecessor in
December, 1853. I entertain no doubt that in
demnity is fairly due to these claimants under our
treaty with Spain of the 27th October, 1795; and
while demanding justice we ought to do justice.
An appropriation promptly made for this purpose,
could not fail to exert a favorable influence on
our negotiations with Spain.
Our positiou in relation to the independent
States south of us on this continent, and especially'
those within the limits of North America, is of a
peculiar character. The northern boundary of
Mexico is coincident with our own southern
boundary from ocean to ocean; and we must ne
cessarily feel a deep interest in ali that concerns
the well-being aud the fate of so near a neigh
bor. We have always cherished the kindest wish
es for the success of that republic, and have in
dulged the hope that it might at last, after all its
trials, enjoy peace and prosperity under a free
and stable government. We have never hitherto
interferred, directly or indirectly, with its internal
affairs, and it is a duty which we owe to ourselves,
to protect the integrity of its territory, against
the hostile interference of any other power. Our
geographical position, our direct interest in aj
that concerns Mexico, and our well sertled policy
in regard to the North American continent, ren
der this an indispensable duty.
Mexico has been in a state of constant revolu
tion. almost ever since it achieved its indepen
dence. One military leader after another has
usurped the government iu rapid succession; and
the various constitutions from time to time adopt
ed, have been set at naught almost as soon as they
were prccmed.lai The successive, governments
have afforded no adequate protection, either to
Mexican citizens or foreign residents, against
lawless violence. Heretofore a seizure of the
capital by a military chieftain, has been generally
followed by at least the nominal submission of
the country to his rule for a brief period, but not
so at the present crisis of Mexican affairs. A
civil war has been ragiug for some time through
out the republic, between the central government
at the city of Mexico, which has endeavored to
subvert the constitution last framed by military
power, and those who maintain the authority of
that constitution. The antagonist parties each
hold possession of different States of the repub
lic. aud the fortunes of the war arc constantly
changing. Meanwhile, the most reprehensible
means have been employed by both parties to ex
tort money- from foreigners, as well as natives, to
carry on this contest. Thc truth is, tiiat this tine
country, blessed with a productive soil and a be
nign climate, has been reduced by civil dissen
sion to a condition of almost hopeless anarchy
and imbecility. It would be vain for this gov
ernment to attempt to enforce payment in money
of the claims of American citizens now amount
ing to more than ten million dollars against Mexi
co, because she is destitute of all pecuniary
means to satisfy these demands.
Our late minister was furnished with ample pow
ers and instructions for the adjustment of all pend
ing questions with the central government of Mex
ico, and he performed his duty with zeal and ability.
The claims of our citizens, some of them arising out
of tho violation of an express provision of the tiea-
ty of Guadalupe Hidalgo, and others from gross in
juries to persons as well as property, have remained
unredressed and even unnoticed. Remonstrances
against these grievances, have been addressed
without effect to that government. Meantime in
various parts of the republic, instances have heen
numerous of the murder, imprisonment, and plun
der of our citizens, by different partieselaiiningand
exercising a local jurisdiction; but the central
government, although repeatedly urged thereto,
have made no effozt either to punish the authors of
these outrages or to prevent their recurrence. No
American citizen can now visit Mexico on lawful
business without imminent danger to his person
and property. There is no adequate protection to
either; and in this respect our treaty with that re
public is almost n dead letter.
This state of affairs was brought to a crisis in May
er parts of thc republic, were at tlie same time levying
similar exactions upon tbc projierty of our citizens, and
interrupting their commerce. There had been an entire
failure on the part of our minister, to secure redress for the
wrongs which our citizens bad endured, notwithstand
ing Ins persevering t fforts. And from the temper man
ifested by the Mexican government, he had repeatedly
assured us, that no favorable change could be expected,
until the United States should “give striking evidence
of their will and power to protect their citizens,” aud
that “severe elmstiaing is the only earthly remedy for
our grievances.” From this statement of facts, it
would have been worse than idle to direct Mr. Forsyth
to retruce his stejis aud resume diplomatic relations
with that government; and it was therefore deemed
proper to sanction his withdrawal of the legation from
the city of Mexico.
Abundant cause now undoubtedly exists, for a resort
to hostilities against the government still holding j>os-
session of the capita]. Should they succeed in subdu
ing .the constitutional forces, all reasonable hope will
then have expired of a peaceful settlement of our diffi
culties.
f>n the other hand, should the constitutional party
prevail, and tlieir authority be established over the re
public, these is reason to hope tliut they will be anima
ted by a less sirfrieruity spirit, and may grant that redress
to A merican citizens which justice requires, so far as
they pos8iM the means. But for this expectation, I
should at once have recommended to Congress to grant
the necessary power to the President, to take possession
of a sufficient portion of the remote and unsettled ter
ritory of Mexico, to be held in pledge until our injuries
shall be redressed, and our just demands satisfied. We
have already exhausted every milder means of obtain
ing justice. Iu such a case, this remedy of reprisals is
recognised by the law of nations, not only as just iu it
self, but as a means of preventing actual war.
But there is another view of our relations with Mexi
co, arising from the unhappy condition of affairs along
our Southwestern frontier, which demands immediate
action. In that remote region, where there are but
few white inhabitants, large bands of hostile and pre
datory Indians roam promiscuously over the Mexican
States of Chihuahua and Sonora, and our adjoining
Territories. The local governments of these States are
perfectly helpless, and are kept in a state of constant
alarm by the Indians. They have not the power, if
they possessed the will, even to restrain lawless Mexi
cans from (Missing the border, and committing depreda
tions on our remote settlers. A state of anarchy uiid
violence prevails throughout that distant irontier. The
laws are a deud letter, aud life and property are wholly
insecure: For this reason, the settlement of Arizona is
arrested, whilst it is of great importance that a chain of
inhabitants should extend all along its southern border,
sufficient for tlieir own protection and that of tlie Uni
ted States mail, passing to and from California. Well-
founded apprehensions are now entertained, that the
Indians and wandering Mexicans,equally lawless, may
break up the important stage and postal communica
tion, recently established between our Atlantic and Pa
cific possessions. This passes very near to the Mexi
can boundary, throughout the whole length of Arizona.
I can imagine 110 possible remedy for these evils, and
no mode of restoring law mid order oil that remote and
unsettled frontier, but for the government of the Uni
ted States to assume a temporary protectorate over the
northern portions of Chihuahua and Sonora, and to es
tablish military posts within the same—and this I earn
estly Recommend to Congress. This protection may be
withdrawn, as soon us local governments shall be estab
lished in these Mexican Slates, capable of performing
tbeir duties to the United States, restraining the lawless
and preserving peace along the border.
I do not doubt that this measure will be viewed in a
friendly spirit by the governments and people of Chi
huahua and Sonora, as it will prove equally effectual
for the protection of tbeir citizens on that remote and
lawless frontier, as for citizens of the United States.
And in this connection, permit me to recall your at
tention to the condition of Arizona. The population of
that Territory, numbering, ns is alleged, more than ten
thousand souls, are practically without a government,
without laws, ami without any regular administration
of justice. Murder and other crimes are committed
with impunity. This state of things calls loudly for re
dress; and 1. therefore, repeat inv recommendation for
the establishment of a territorial government over
Arizona.
The political condition of the narrow isthmus of Cen
tral America, through which transit routes pass, be
tween the Atlantic aud Pacific oceans, presents a sub
ject of deep interest to all commercial nations. It is
over these transits that a large proportion of the trade
uud travel between the European and Asiatic conti
nents, is destined to pass To the United States, these
route s are of incalculable importance, as a means of
communication between their Atlantic and Pacific pos
sessions. The latter now extend throughout seventeen
degrees of latitude on the Pacific coust, embracing the
important State of California and the flourishingTer
ritories of Oregon and Washington. All commercial
nations, therefore, have a deep and direct interest tiiat
these communications shall be rendered secure trom in
terruption. If an arm of the sea, connecting the two
oceans, penetrated through Nicaragua and Costa ltiea,
it could not be pretended that these States would have
tlie right to arrest or retard its navigation, to the inju
ry of other nations. The transit by land over this nar
row isthmus, occupies nearly the same position. It is
a highway in which they themselves have little interest,
when compared with the vast interests of the rest of
the world. Whilst their rights of sovereignty ought to
be respected, it is the duty of other nations to require
that this important passage shall not be interrupted, by
the civil wars and revolutionary outbreaks, which linve
so frequently occurred in tiiat region. The stake is too
important, to be left at the mercy of rival companies,
claiming to hold conflicting contracts with Nicaragua.
The commerce of oilier nations is not to stand still aud
await the adjust UK-lit of such petty controversies.
Thc government of thc United .States expect no
more than this, and they will not be satisfied with
less. They would not if they could, derive any
advantage from the Nicaragua transit, not com
mon to the rest of the world. Its neutrality and
protection, for the common use of all nations, is
their only object. They have no objection that
Nicaragua shall dem&nd aud receive a fair com
pensation, from the companies and individuals
who may traverse the route; but they insist that it
shall never hereafter be closed, by an arbitrary de-
ot that government. If disputes arise be
tween it and those with whom they may have en
tered into contracts, these must be adjusted by
some fair tribunal provided for the purpose, and
the route must not be closed pending the contro
versy. This is our whole policy, and it cannot fail
to be acceptable to other nations.
All these difficulties might be avoided, if, con
sistently with the good faith of Nicaragua, the use
of this transit could he thrown open to general com
petition, providing at the same time for the payment
of a reasonable rate to the Nicaraguan govern
ment, on passengers and freight.
In August, 1852, the Accessory Transit Compa
ny made its first intcr-oceanictrip over the Nicara
guan route, and continued iu successful operation,
with great advantage to the public, until the 18th
of February, 1856, when it was closed, and the
grant to this company, as well as its cnarter, were
summarily and arbitrarily revoked by the govern-
meut of President Rivas. Previous to this date,
however, in 1854, serious disputes concerning the
settlement of tlieir accounts had arisen between
the company and the government, threatening the
interruption of the route at any moment. These
the United States in vain endeavored to compose.
It would he useless to narrate the various proceed
ings which took place between the parties, up till
tiie time when the transit was discontinued. Suf
fice it to say that, since February, 185(1, it has re
mained closed, greatly to the prejudice of citizens
of the United States. Since that time the coinpe
tition has ceased between the rival routes of Pana
ma and Nicaragua, and, in consequence thereof, an
unjust and unreasonable amount has been exacted
from our citizens for tlieir passage to and from
California.
A treatv was signed on the ltith day of Novem
ber, 1857, by the Secretary of State and Minister
of Nicaragua, under the stipulations of which the
use aud protection of the transit route would have
been secured, not only to the United State, but
equally to all other nations. How and on what
pretext this treaty has failed to receive the ratifi
cation of the Nicaraguan government, will appear
by the papers herewith communicated from the
State Department. The principal objection seems
to have been, to the. provision authorizing the Uni
ted States to employ force to keep the route open,
in case Nicaragua should fail to perform her duty
in this r-spcct. From the feebleness of that re
public, its frequent changes of government, and
its constant internal dissensions, this had become
a most important stipulation, and one essentially
necessary not only for the security of the route,
hut for the safety of American citizens passing and
repassing to and from our Pacific possessions.—
Were such a stipulation embraced* in a treaty be
tween the United States and Nicaragua, the knowl
edge of this fact would oi itself most probably pre
vent hostile parti.-s from committing aggressions
on the route, and ren- er our actual interference
for its protection unnecessary.
The executive government of this country', in its
intercourse with toreigu nations, is limited to the
employment of diplomacy alone. When this fails,
it can proceed no further. It cannot legitimately
resort to force, without the direct autiiority of
Congress, except in resisting and repelling hostile
attacks. It would have no authority to enter the
territories of Nicaragua even to preveut the de
struction of the transit, aud protect the lives and
property of our own citizens on their passage It
is true, that oil a sudden emergency of this charac
ter, the President would direct any armed force in
the vicinity to march to their relief; but in doing
this, he would act upon his own responsibility.
Under these circumstances, I earnestly recom
mend to Congress the passage of an act author
izing the President, under such restrictions as
they may deem proper, to employ tlie land and na
val forces of the United States in -preventing the
transit from being obstructedjor closed by lawless
violence, and in protecting the lives and property
of American citizens travelling thereupon, requir
ing at the same time that these forces shall be
withdrawn the moment the danger shall have
passed away. Without such a provision, our eiti-
zons wilUie constantly exposed to interruption in
their piogress, and to law less violence.
to the other sea may not be interrupted or embur-
rassed in any future time, whilst this treaty ex
ists.”
In regard to the Tehuantepec route, which has
been recently opened under the most favovable
auspices, our treaty with Mexico of the 30th Dec.
1853, secures to tho citizens of the United States a
right of transit over it for persons aud merchandise,
and stipulates that neither government shall “in
terpose any obstacle ” thereto. It also concedes
to the United States the -‘ right to transport across
the Isthmus, in closed bags, the mails of the Uni
ted States, not intended for distribution along the
line of the communication; also, the effects of tlie
United States government and its citizens, which
may he intended for transit, and not for distribu
tion on the Isthmus, free of custom-house or other
charges of the Mexican government
These treaty stipulations with New Grenada
and Mexico, in addition to the considerations ap
plicable to the Nicaragua route, seem to require
legislation for the purpose of carrying them into
effect.
The injuries which have been inflicted upon our
citizens in Costa Rica uud Nicaragua, during the
last two or three years, have received the prompt
attention of this government. Some of these inju
ries were of the most aggravated character. The
transaction at Virgin Bay, in April, 1856, when
a company of unarmed Americans, who were in no
way connected with any beligerent conduct or
party, were fired upon by the troops of Costa Rica,
and numbers of them killed and wounded was
brought to t he knowledge of Congress by my pred
ecessor soon after its occurrence, and was also pre
sented to the government ot Costa Rica, for that
immediate investigation and redress which the na
ture of the case demanded. A similar course was
pursued with reference to other outrages in these
countries, some of which were hardly less aggrava
ted in their character than the transaction at Vir
gin Bay. At the time, however, when oar present
Minister to Nicaragua was appointed, in Decem
ber. 1857, no redress had been obtained for any of
these wrongs, and no reply even had been received
to the deniauds which had been made by this gov
ernment upon that of Costa Rica more than a year
before.
Our ministeijwaa instructed, therefore, to lose no
time in expressing to those governments the deep regret
with which the President had witnessed this inattention
to the just claims of the United States, and in demand
ing their prompt uud satisfactory adjustment. Unless
tins demand shall be satisfactorily complied with
at an early day, it wili only remain for tliis government
to adopt sucb measures ns may be necessary, in order
to obtain for itself tliut justice which it lias in vain at
tempted to sceure by peaceful means, from the govern
ment of Nicaragua anu Costa Rica. While it lias shown,
and continues to show, the most sincere regard for the
rights and honor of these republics, it cannot permit this
regard to be met by an utter neglect, on their part, of
what is due to the government and citizens of the United
States.
Against New Grenada we have long-standing
causes of complaint, arising out of the unsatisfied
claims of our citizens upon that republic; and to
these have been more recently added the outrages
committed upon our citizens at Panama in April
'856- A treaty for the adjustment of these difficul
ties was concluded by the Secretary of State and
the minister of New Grenada, in September 1857
which contained just and acceptable provisions for
tiiat purpose. This treaty was transmitted to Bo
gota and was ratified by the Government of New
Grenada, but with certain amendments. It was
not, however returned to this city until after the
elose of the last session of the Senate. It will be
immediately transmitted to that body for their ad-
viee and consent; and should this be obtaiued.it
will remove all our existing causes of complaint
against New Grenada on the subject of claims.
Questions have arisen between the two govern
ments as to the right ofNew Grenada to levy a
tonage duty upon the vessels of the United States
iu its ports of the Isthmus, and to levy a passenger
tax upon our citizens arriving in tiiat country,
whether with a design to remain there or to pass
from ocean to ocean by the transit route; and also
a tax u|>ou the mail of the United States transport
ed over the Panama railroad. The government of
New Grenada has been informed that the United
States would consider the collection of either of
tiiese taxes as an act in violation of tlie treaty be
tween tlie countries, and as such would be resisted
by the United States. At the same time, we are
prepared to discuss these questions in a spirit of
amity and justice and with a sincere desire to ad
just them ina satisfactory manner. A negotiation
for that purpose has already been commenced. No
effort lias recently been made to collect these taxes
nor is any anticipated under present circuiustan
ces.
With the empire of Brazil our relations are oi
the most friendly character. The productions of
the two countries and especially those of an agri
cultural nature, are such as to invite extensive
mutual exchanges. A large quautity of American
flour is consumed ill Brazil; whilst more than tre
ble the amount in value of Brazilian coffee is con
sumed in the United States. Whilst this is the
case, a heavy duty lias heen levied, until very
recently, upon the importation of American flour
into Brazil. I am gratified however to be able
to inform you that iu September last this has been
reduced from $1,32 to about forty nine cents per-
barrel, and the duties on other articles of produc
tion have been diminished in nearly the same pro
portion.
I regret to state that the government of Brazil
still continues to levy an export duty of about 11
per cent on coffee, notwithstanding this article is
admitted free from duty in the United States. This
is a heavy charge upou the consumers of coffee in
oufcountry as we purchase half of the entire sur
plus crop of that article raised in Brazil. Our min
ister, under instructions, will reiterate his efforts
to have this export duty removed; and it is hoped
that the.en lightened government of the Emperor
will adopt this wise, just and eqnal policy. In
that event there is good reason to believe that the
commerce between the two countries will greatly
increase much to the advantage of both.
The claims of our citizens against the govern-
mentof Brazil are not, in the aggregate, of very
large amount; but some of these rest upon
plain principles of justice and their settlement
ought not to be longer delayed. A renewed and
earnest, aud I trust a successful effort, will be
made by our minister toprocure their final adjust
ment.
On the 2d of June last. Congress passed a joint
resolution authorizing the President “to adopt
sucli measures and use sucli force as, in his judge
ment, may be necessary and advisable” for the
purpose of adjusting the differences between the
United States and the republic of Paraguay, iu
connexion with the attack on the United States
steamer Water Witch and with other measures re
ferred to in his annual message. And on the 12th
July following they made ail appropriation to de
fray tiie expenses and compensation of a commis
sioner to that republic, should the President deem
it proper to make such an appointment.
In compliance with these enactments, I have
appointed a commissioner who has proceeded to
Paraguay, with full powers and instructions to
settle these differences in an amicable and peace
ful manner, if this be practicable. His experience
and discretion justify the hope, that he may prove
successful in convincing tlie Paraguayan govern
ment, that it isduebotii to honor and justice, that
they should voluntarily and promptly makeattone-
ment for the wrongs which they have committed
against the United States, and idemnify our injur
ed citizens whom they have forcibly despoiled of
their property.
Should our commissioner prove unsuccessful
after a sincere and earnest effort, to accomplish the
object of his mission, then no alternative will re
main but the employment of force to obtain just
satisfaction from Paraguay. In view of this con
tingency, the Secretary of the Navy under my di
rection, lias fitted out and despatched a naval force
to rendezvous near Buenes Ayres, which it is be
lieved will prove sufficient for the occasion. It is
my earnest desire, however that it may not be
found necessary to resort, to this last alternative.
Wlicn Congress met in December last, the bus
iness of the country had just been crushed, by one
of those periodical revulsions which are the inevi
table consequenceof our unsound and extravagant
system of bank credits and inflated currency.—
With all the elements of natioual wealth in abun
dance, our manufactures were suspended, our use
ful public and private enterprises were arrested
and thousands of laborers were deprived ol em
ployment and redneed to want. Universal distress
prevailed among the commercial, manufacturing,
and mechanical classes. This revulsion was felt
the more severely in the United States, because
similar causes had produced tho like deplorrhle ef
fects throughout the commercial nations^of E11
rope. Ail were experiencing sad reverses at Ihe
same mouiont. Our manufacturers everywhere
suffered severely not because of the recent reduc
tion in the tariff of duties on imports, but because
there was no demand at any price for their produc
tions. I’he people were obliged to restrict them
selves in tlieir purchases to articles of prime ne
cessity. In the general prostration of business,
the iron manufacturers!!! different States probably
suffered more than any other class, and much des
titution was the inevitable consequence, among
the great number of workmen who had been em
ploved in this useful branch of industry. There
could be no supply where there was no demand
To present an example there could be no demand
for railroad iron, after our magnificent system 01
Tlie periodical revulsions which Iiave existed i.,
our past history, must continue to return at inter
vals, so long as our present, unbounded system ,r
bank credits shall prevail. They will, however
probably be the less severe in future; because it '
not to be expected, at least for many years to com**
that the commercial nations of Europe, with wIiom
interests our own are so naturally involved, writ
expose themselves to similar calamities. But tlii
subject was treated so much at large in my
annual message that I shall not now pursues! f ur .
ther. Still I respectfully renew tlie recommend.'
tion, in favor of the passage of a uniform bank
rupt law, applicable tobamting institutions. ’f|,j
is all the power over the subject which, I believ*
the federal government possesses. Such a ) aw
would mitigate, though it might not prevent tl V
evil. The instinct of self-preservation might nrtu
duce a wholesome restraint upon their baukin
business, if they knew iu advance, tiiat a susn./
Sion of specie payments would inevitably L/
duce tlieir civil death. ” u '
But the effects of the revulsion are now slowl
but surely passing away. The «*■>«..— , 7
. . v - . =- - . . ener gy and en
terprise of our citizens, with our unbounded re
sources, will, within the period of another yea
restore a state of wholesome industry and tr:ui
Capital has again accumulated in our laru e cities
The rate of interest is there very low? Conti
i dence is gradually reviving, and assocnesitt
discovered tiiat this capital can be profitably em
ployed in commercial and manufacturing enter
prise, and in the construction of railroads and
other works of public and private improvement
prosperity will again smile throughout the land’
l*is vain, however, to disguise tho fact from our
selves, that a speculative inflation of our curren
cy, without a corresponding intlation in other
countries whose manufactures come into compe
tition with our own, must ever produce disastrous
results to our domestic manufactures No tariff
short of absolute prohibitiou, can prevent these
evil consequences.
In connection with this subject, it is proper to
refer to our financial condition. The same causes
which iiave produced pecuniary distress throuo-h.
out tho country, have so reduced the amount of
imports from foreign countries, tiiat the revenue
has proved inadequate to meet the necessary ex
penses of the government. To supply the defi
ciency, Congress, by the act of the 23d of De
cember, 1857, authorized the issue of $20,000.00(1
of treasurj' notes; and, this, proving inade
quate, they authorized, by the act of June 14th,
1858, a loan of $20,000,000, ‘to be applied to the
payment of appropriations made by law.’
No statesman would advise, that we should go
on increasing the national debt to meet the ordin
ary excuses of the government. This would be
a most ruinous policy. In case of war, our cred
it must be our chief resource, at least for the
first year, and this would be greatly impaired by
having contracted a large debt in time of peace.
Ir is our true policy, to increase our revenue so as
to equal our expenditures. It would be ruinous
to continue to borrow. Besides, it may be proper
to observe, that tlie incidental protection, thus af
forded by a revenue tariff, would at tlie present
moment, to some extent, increase tiie confidence
of the manufacturing interests, and give a fresh
impulse to our reviving business. To this, surely
no person will object.
Iu regard to the mode of assessing and collect
ing duties under a strictly revenue tariff, I have
long entertained and often expressed the opiniou,
that sound policy requires this should be done by
specific duties, iu cases to which these can he
properly applied. They are well adapted to com
modities which are usually sold by weight or by
measure, and which, from their nature, are of near
ly equal value. Such, for example, are the
articles of iron of different classes, raw sugar,
and foreign wines and spirits.
In my deliberate judgment, specific duties are
tlie best, if not the only means of securing the
revenue against false and fraudulent invoices, and
such lias been tlie practice adopted for this pur
pose by other commercial nations. Besides, spe
cific duties would afford to tlie American manu
facturer the incidental advantages to which he is
fairly entitled under a revenue tariff'. The pres
ent system is a sliding scale to his disadvantage.
Under it, when prices are high and business pros
perous, the duties rise in amount wheu he least
requires tlieir aid. On the contrary, when prices
fall, and lie is struggling against adversity, the
duties are diminished in the same proportion,
greatly to his injury.
Neither would there be danger that a higher
rate of duty than that intended by Congress,
could be levied in the form of specific duties. It
would be easy to ascertain tlie average value of
any imported article for a series of years; and,
instead of subjecting it to an ad adrnlvrem duty
at a certain rate per centum, to substitute in its
place an equivalent specific duty.
By such an arrangement the consumer wonld
not be injured. It is true, he might Iiave to pay
a little more duty on a given article in one year;
but if so, he would pay a little less in another,
and in a series of years these would counterbal
ance each other, and amount to the same thing,
so far as his interest is concerned. This inconve
nience would he trifling when contrasted with the
additional security thus afforded against frauds
upon the revenue, in which every consumer is di
rectly interested.
I iiave thrown out these suggestions as the fruit
of my own observation, to which Congress, in
their better judgment, will give such weight as
they may justly deserve.
The report of the Secretary of the Treasury -will
explain in detail the operations of that department
of the government. The receipts into the treasu
ry from all sources during the fiscal year ending
3llth June. 1858, including the treasury notes au
thorized by tlie act of December 23. 1857, were
$70,273,869 50, which amount, witli the balance of
$17,710.114 27 remaining in the treasury at the
commencement, of the year, made an aggregate for
the service of the year of $87,983,983 8(i.
The public expenditures during the fiscal year,
ending June 30, 1858, amounted tc $81,585,667 76,
of which $9,684,537 99 were applied to the pay
ment of the public debt, and the redemption of
treasury notes, with the interest thereon, leaving
in the treasury, on July 1, 1858, being the com
mencement of the present fiscal year, $6,398,-
316 10.
The receipts into tlie treasory, during the first
quarter of the present fiscal year, commencing th ■
1st July, 1858, including one half of the loan c- ?
twenty millions of dollars, with the premium npou
if, authorized by the act of 14th June, 1858, were
$25,230,879 46, and the estimated receipts, for
the remainimr three-quarters, to the 3t)tli June
1859, from ordinary sources, are $38,500,000; ina
king, with the balance before stated, an aggregate
of $70,129,195 56.
The expenditures during the first quarter of the
present fiscal year year $21,708,198 51, of which
1,010,142 37 were applied to tho payment of the
public debt and the redemption of treasury notes
and tho interest thereon. The estimated expendi
tures, during tlie remaining three quarters, to the
30th of June, 1859,52,357,698 48, making an ag
gregate of 74,065.896 99. being aa excess of ex
jienJiturc beyond the estimated receipts into the
treasury from ordinary sources, during the fiscal
year, to tlie 30th June, 1859, of 3,936,701 43. Ex
traordinary means are placed by law within the
command of the Secretary of the Treasurj - , bj - the
icissue of treasury notes redeemed, and by nego
tiating tire balance of tlie loan authorized by tho
act of 14th of June, 1858, to the extent of eleven
millions of dollars which if tealized during tlie
present fiscal year, will leave a hah.uec in tho
treasury, on thc first day of July. 1859, of 7,063,-
298 57.
The estimated receipts during the next fiscal
year ending 3:-th June, I860, are $62,006,0(W,
which, with the above estimated balance of $7,-
1163,298 57, make an aggregate for tho service of
, of $69,063,298 50. The esti-
railroads, extending its benefits to every portion hig half of tlie loan of $20,060,000 not yet nrg>'
of the Union had been brought to a dead pause.—
The same consequences have resulted from simi
lar causes to many other branches of useful man
ufactures. It is self evident that where there is
no ability to purchase manufactured articles, these
cannot be sold and consequently must cease lo be
produced.
No government, and especially a government 01
such limited powersaS that of the United States
could have prevented tlie late revulsion. The
whole commercial world seemed for years to have
been rushing to this catastrophe. The same ruin
ous consequencerwouid have followed in tiie Uni
ted States whether the duties upon foreign imports
had remained as they were under the tariff of 1846
or had been raised to a much higher standard.
The tariff of 1857 had no agency in tho result.
The general causes existing throughout the world,
could not haste been controlled by tho legislation
of any particular country.
the next fiscal year,
mated expenditures during the next fiscal year
eliding 3uth, June, 186(1, are$71J39,I47 46, which
leave a deficit of estimated means, compared with
tlie estimated expenditures for that year, commen
cing on the 1st of July. 1859, of $4,075,84889.
I11 addition to this sum, tlie Postmaster General
will require from the treasury - , for the service of
the Postoffiee Department $3,838,728. as enplained
in the report ot tlie Secretary of tlie Treasury,
which will increase the estimated deficit on the
30th June, 1860, to $7,914,570 89. To provide
for the paymeut of this estimated deficiency, which
will bo increased by such appropriations as may
be made by Congress, not estimated for in the re
port of tlie Treasury Department, as well as t«
provide for tlie gradual redemption, from year to
year, of the outstanding treasury notes, the Sec
retary of the Treasury recommends such a revis
ion of the present tariff’ as will raise the required
amount. After what I have already said, I need
scarcely add that I concur in the opinion expressed
in his report—that the public debt should not he
increased by an additional loan, and would there
fore strongly urge upon Congress tlie duty of m* -
king, at tlu'ir present session, the necessary provis
ion for meeting these liabilities.
The public debt on the 1st July. 1858, the ooai-
mencement of the present fiscal year, was
155,977 66.
During the first quarter of the present year, tU
sum of $10,(MM),000 lias been negotiated of the
loan authorized by thc act of 14th June, 1868—m*-
king the present outstanding public debt, exc- 11-
sive of treasury notes, $36 156,977.66. There w«
on the 1st July, 1858, of treasury notes issued h*
authority of tiie act of December 23, 1857. unre
deemed, the sum of $19,754.8i)0—making j- 1
amount of actual indebtedness, at that date,?' ■
910,776.66. To this will be added $I<V ■f'
ring tho present fiscal year—this being therein*-*
tinted. , *1.
The rapid increase of the public deot, and u“
necessity' which exists for a modification ot 6*''
tariff, to meet even the ordinary expenses ot
government, ought to admonish us all, 1,1 “ u -j
spcctive spheres of duty, to the practice OiI t .*
economy'- The objects of expenditure
limit' d in number, as far as this may be p r * c ‘
ble, and the appropriations necessary to e**}
them into effect, to be disbursed under
strictest accountability. Enlightened ec° n0 -
does'not consist in tlie refusal to appropriate ni
ey for constitutional purposes, essential to ‘h
fence, progress and prosperity of the republic-
in taking care that none of this money »ha
wasted by mismanagement, in its applies 110
the objects designated by law. more-at
Comparisons between the annual expcnui
the present time, and what if was ten or t ^
years ago, are altogether fallacious.